Chris Hood, attorney for residents Sandi Boone and Sammy Rudd, said he had moved to consolidate this case with another civil suit being brought by the city of Talladega, but Circuit Judge Bo Hollingsworth ruled that the cases should proceed separately.
An amended version of the residents’ suit lays out five possible violations, such as allegations that the company “offends against any of the acts creating, altering or renewing such a corporation; violates the provisions of any law, by which such corporation forfeits its charter, by abuse of its powers; has done or omitted any acts which amounts to a surrender of its corporate rights, privileges or franchises or exercises a privilege not conferred by law.”
If King rules in favor of the plaintiffs and against REEF, he would issue a writ ordering the company to cease operations. Talladega County District Attorney Steve Giddens would be responsible for making sure the company shuts down.
Giddens said he had been notified of this and agreed to accept this responsibility if needed.
“That’s the remedy prescribed by state statute,” Hood said. “We are alleging that the Walco folks are taking the brunt.”
A separate lawsuit brought by the city of Sylacauga is scheduled for a hearing next month.
Both suits allege that foul smelling emissions from the wastewater treatment plant had negatively impacted the health and quality of life for area residents.
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